NEW YORK — A U.S. judge pressed the Biden administration Thursday to explain why Venezuela’s government remains barred from paying legal fees for former President Nicolás Maduro in the New York drug trafficking case that has him jailed in Brooklyn.
Maduro and his wife and co-defendant, Cilia Flores, attended the hearing in beige jail uniforms as their lawyers argued that blocking Venezuelan government money to hire counsel violates the couple’s constitutional rights. The U.S. has frozen those funds because of sanctions on Venezuela.
U.S. District Judge Alvin Hellerstein repeatedly questioned the government’s stance, noting that U.S.-Venezuela relations have shifted since Maduro’s capture by U.S. military forces in January. Washington and Caracas have restored diplomatic ties, the U.S. eased some oil-related sanctions, and a U.S. chargé d’affaires is now posted in Caracas.
“We have changed the situation in Venezuela,” Hellerstein said, adding that the constitutional right to a defense is a “paramount goal and need.” He did not issue a ruling or set a timetable for one.
Maduro and Flores made their first in-court appearance since a January arraignment where each pleaded not guilty. A 25-page indictment accuses them and others of collaborating with drug cartels and members of the military to ship thousands of tons of cocaine into the United States, and of ordering kidnappings, beatings and murders tied to the trafficking. If convicted, they could face life terms. Both remain jailed in Brooklyn and have not sought bail. Hellerstein has not set a trial date.
Outside the Manhattan courthouse rival demonstrators chanted, blew horns and beat drums. Critics held signs reading “Maduro rot in prison,” while supporters across a barricade waved “Free President Maduro” placards. In Caracas, hundreds — including ruling party backers, state employees and militia members — gathered to pray for Maduro and Flores and to denounce the January operation that removed him. Some supporters called the capture a “kidnapping” that violated international law and urged a U.S. trial that could return Maduro home.
Despite public displays of loyalty such as murals and billboards demanding their return, Maduro has been sidelined politically in Venezuela. Acting President Delcy Rodríguez has replaced senior officials, including Maduro’s defense minister and attorney general, reorganized agencies, appointed ambassadors and rolled back parts of the movement Maduro led for more than two decades.
In court, Hellerstein cut off Flores’ attorney, Mark Donnelly, when Donnelly referred to her as “the first lady,” saying, “There are no titles to be used in this court.” As the hearing ended, Maduro flashed a two-finger “V” sign, said “Hasta mañana,” shook hands with his lawyer Barry Pollack and was escorted out.
The central dispute at the hearing was whether sanctions that predate the indictment can bar Venezuela from using government funds to pay for the defendants’ legal defense. Assistant U.S. Attorney Kyle Wirshba told the court the sanctions were imposed over alleged repression and the pillaging of Venezuelan wealth and that permitting government money to fund a defense in a case arising from that conduct would “undermine the sanctions.” The government says Maduro and Flores may use personal funds to retain counsel; the defense maintains they have no personal resources.
Pollack argued appointing public defenders would divert limited resources intended for people who cannot afford counsel, and said it made no sense to prohibit a ready source of payment when the Venezuelan government has offered to finance the defense. He asked Hellerstein to dismiss the case, but the judge said he would not take that “serious step” while a less drastic remedy remains: seeking Treasury Department permission for the funds to be used. Hellerstein left open the possibility of revisiting dismissal if Treasury refuses.
Separately, President Donald Trump, speaking at a Cabinet meeting Thursday, called Maduro a “major purveyor of drugs coming into our country” and said he would receive “a fair trial.”
Meanwhile, ordinary life in Venezuela remains difficult for many. Public-sector wages often amount to roughly $160 per month, average private-sector pay is about $237, and the country’s annual inflation rate reportedly surged to 475% last year, putting food and essentials out of reach for many residents.